Opinion
August 15, 2000.
Motion by the respondents to dismiss an appeal from an order of the Surrogate's Court, Westchester County, dated August 31, 1999, on the ground that the order appealed from denies reargument and is not appealable, and to impose sanctions on the appellant. By order dated March 3, 2000, that branch of the motion which was to dismiss the appeal was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Schwartz, Weiss, Steckler, Hoffman Hade, P.C., et al., respondents.
DECISION ORDER ON MOTION
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the branch of the motion which was to dismiss the appeal is denied as academic in light of the determination of the appeal (see, Matter of Hoffman, ___ A.D.2d ___ [decided herewith]).